Do Children Have the Right to Decide in a Divorce?

Do children decide custody in Vietnam? Learn when their wishes must be considered and how the court assesses their broader welfare and care needs.

The Legal Status of Children in Divorce Cases in Vietnam

Under Vietnamese law, children are considered individuals with certain rights, but they are not given full legal autonomy. The Law on Marriage and Family 2014, especially Article 81 and Article 71, provides important legal guidance on the rights of children when their parents divorce.

While children do not have the legal authority to initiate or decide on a divorce, which is a legal matter between spouses their opinions are considered in certain aspects, particularly child custody.

When Are Children Opinions Considered?

According to Article 81 of the Law on Marriage and Family 2014, if children are from 7 years old or older, their wishes regarding custody must be taken into account by the court. However, this is not the only factor. The court will prioritize the best interests of the child, which include:

• The child emotional bonds with each parent
• Each parent ability to provide for the child
• Educational and living environment
• The child mental and physical health

In practice, the child stated preference can strongly influence the court decision, especially in uncontested or consensual divorces.

Children and Unilateral Divorce

In a unilateral divorce, one party seeks to dissolve the marriage without the other agreement. If children are involved, the court must also resolve custody and child support issues as part of the judgment. Here is how what is unilateral divorce affects children rights:

• The child cannot decide the outcome of the divorce itself
• The child can express their preference about custody if they are 7 or older
• The court is not obligated to follow the child wishes but must consider them along with other factors
• In contentious cases, psychological evaluations or school, social worker input may be requested to assess the child best interests

Practical Scenarios

Consensual Divorce

If both parents agree to divorce and also agree on child custody, the court will usually respect that agreement, provided it benefits the child. Children opinions may be recorded but are not critical.

Unilateral Divorce with Custody Dispute

If one parent files for divorce and the other opposes it, and custody is contested, the child opinion becomes much more important. Especially in unilateral divorce cases, children over 7 may be asked to testify privately with a judge or submit a written statement expressing their wishes.

Protecting Children Rights During Divorce

Even though children cannot decide whether a divorce happens, the law emphasizes their protection throughout the process. Vietnamese courts take a child-centered approach, ensuring:

• Physical and emotional safety
• Access to education and health care
• Regular contact with both parents, unless harmful
• Continuity and stability in living arrangements

It is vital that parents understand that a child opinion is just one piece of a larger legal and emotional puzzle.

How legal support can help

At Jurion & Partners, we provide legal advice and representation for both consensual and unilateral divorces, especially when children are involved. Our services include:

• Advice on the right to request the Court to settle divorce;
• Advising on conciliation procedures at the grassroots level;
• Advise on divorce proceedings;
• Advising on grounds for divorce;
• Legal consultation on divorce procedures
• Representation in custody and child support disputes
• Guidance on gathering and presenting evidence
• Support in ensuring children rights are respected

>>> Read more: How to Proceed If One Spouse Refuses a Unilateral Divorce in Vietnam?

>>> Read more: Divorcing an Unfaithful Spouse in Vietnam

Keep the child’s interests central

Under Article 81 of the Law on Marriage and Family 2014, a child under 36 months is ordinarily placed with the mother, except where she lacks the conditions for direct care or the parents agree otherwise consistently with the child’s interests. For a child aged seven or older, the court must consider the child’s wishes alongside the child’s overall welfare.